ZyTrax Inc. Standard Terms and Conditions...

The following Terms and Conditions apply to all ZyTrax ISP accounts:

Changes to Service

1. ZyTrax reserves the right to change or withdraw any of the published Plans at any time. Customers using any changed or withdrawn plan will have the right to either stay with their current plan or swap to another plan. ZyTrax will use its best efforts to give its customer 30 days notice of any such change or withdrawal of a Plan.
2. ZyTrax reserves the right to change the prices for any of its published Plans at any time. ZyTrax will give its customer 30 days notice of any such change of Plan Pricing. During the 30 day notice period of a change in Plan Price customers will have the right to change to another Plan irrespective of any other agreed conditions.

Initial Service Agreement

1. A customer will always have a Primary Plan.
2. All customers will sign a service agreement laying out the terms and conditions of service.
3. All Plans incur a 'One Time' setup charge. This charge is deemed to be waived after 6 months of service.
4. On commencement of Service from ZyTrax the customer will make an initial payment equal to the 'normal' (i.e. without any usage charges) monthly payment prior to service commencement. This charge does not apply if the customer changes service.

30 Day Termination

1. If within 30 days of starting service the customer wishes to terminate the service for whatever reason then any 'setup' fee that has been paid will be returned following the return of any rented equipment.

Terms of Payment

1. Terms of payment are 30 days net from the receipt of the invoice from ZyTrax.

Disconnection of Service

Abuse of Service

1. ZyTrax reserves the right to terminate service in exceptional cases if, in its sole view, the customer is indulging in Network behavior that is malicious, deliberately causing problems for other users or is brought to the attention of ZyTrax as being of that nature. Such cases would include but not be limited to 'Hacker attacks' on other sites, 'Denial of Service attacks' on other sites or 'Spamming'.

Non Payment

1. If the monthly invoice is not paid at the end of the 30 day period the customer will be sent a 'reminder' and will have 7 days to rectify the situation.
2. At the end of this 7 day period a Fax and e-mail message will be sent informing the customer (First Notice of Disconnection) that they will be disconnected from service within 3 days (quoting a date and time when disconnection will occur and identifying the problem invoice).
3. After 2 further days a Final reminder will be issued (Final Notice of Disconnection).
4. At the expiry of this period a telephone call will be made to the customer informing them they will be disconnected within 4 hours if the situation is not rectified.
5. At the end of the 4 hour notice period the customer will be disconnected.

DISCONNECTION of SERVICE Procedure

This section defines the procedures that ZyTrax will use when disconnecting a customer. Not all sections may apply to any single customer.

1. INTERNET ACCESS. Immediate removal of connection (dial or permanent (fixed)).
2. WEB HOSTING. The customer web site main page (typically www.mydomain.com or equivalent) will be replaced with a message stating 'Discontinued. For information contact x at y'. Where 'x' is the registered contact for the account and 'y' is either an e-mail address or a phone number as ZYTRAX deems to be most useful to the customer.
3. E_MAIL. E-Mail will be retained for a further 24 hours following the disconnection to allow the user to empty all mailboxes (via webmail). Mail sent to any address will be delivered to the mailbox during this 24 hour period and will have an 'auto-reply' stating  'Discontinued. For information contact x at y'. Where 'x' is the registered contact for the account and 'y' is either an e-mail address or a phone number as ZYTRAX deems to be most useful to the customer.
4. DOMAIN NAMES. Where the outstanding fees include the INITIAL purchase of a Domain Name, ZYTRAX at its sole discretion, may take steps to become the registered owner of that domain name. Where the customer is the domain name owner in good standing with the relevant registration authority they may change any domain name registration details without any involvement from ZYTRAX, Inc.

Re-connection after disconnection

1. A customer may be re-connected with the same or alternate services following disconnection after:
   1. Payment of ALL outstanding invoices.
   2. Payment of a $50 fee for re-connection.
2. Should payment received following re-connection not be cleared by the bank then the customer will be IMMEDIATELY Disconnected without ANY Notice and all further requests for re-connection will be refused.
3. ZyTrax will use its best efforts to reconnect a customer within 4 hours after payment of the invoice following a disconnection.

STATEMENT OF POLICY

In the event that a customer is either disconnected or under notice of disconnection ZyTrax, Inc. will fully co-operate with the customer in all reasonable requests. Such co-operation shall NOT include RE-CONNECTION of SERVICE after DISCONNECTION unless all outstanding payments and re-connection fees have been made as defined above.